Tidwell et al v. Homeland Carriers, Inc.
||Judith D. Tidwell and John McBride
||Homeland Carriers, Inc.
||August 11, 2009
||US District Court for the Middle District of Alabama
||William Keith Watkins
||Susan Russ Walker
|Nature of Suit:
|Cause of Action:
||28:1332 Diversity-Auto Negligence
|Jury Demanded By:
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|March 30, 2010
MEMORANDUM OPINION AND ORDER: It is ORDERED that the motion to consolidate (Doc. 35 ) case numbers 3:09-CV-762 and 3:10-CV-43 is GRANTED, and the cases are consolidated before the undersigned district judge. It is further ORDERED that all future ple adings be filed only once, on the docket for case 3:09-CV-762. The parties are further ORDERED to confer and file a new Rule 26(f) discovery plan for the consolidated case no later than April16, 2010. The plan should give due consideration to the dis covery already conducted in the first-filed case, and shall suggest the earliest feasible trial date. Homeland Carriers is further ORDERED to give appropriate consideration to any necessary alterations or amendments to its pending partial motion for summary judgment (Doc. 32 ) in light of the consolidation,and in furtherance of the courts interest in not deciding the same issues more than once. The Clerk of the Court is DIRECTED to take all necessary steps to consolidate the two cases. 3The Cle rk of the Court is further DIRECTED to modify the e-docket text to reflect that Plaintiff Judith Tidwell is not a party to this motion; rather, she opposes the motion to consolidate. The Clerk is further DIRECTED to modify the caption in case 3:10-CV-43 as listed above and in conformance with the complaint in that case. Signed by Honorable William Keith Watkins on 3/30/2010. (dmn)
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